Muth v. Goddard
Montana Supreme Court
Appeal from District Court, Lewis cmd Clarice County; J. M. Clements, Judge. Suit by William Muth, as administrator of the estate of Albert G-. Clarke, deceased, and others, against L. A. Goddard and others, to restrain defendants from selling lands described in a trust deed under the power of sale therein granted. From an order granting the injunction, defendants appeal. STATEMENT OE THE OaSE.
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Appeal from District Court, Lewis cmd Clarice County; J. M. Clements, Judge. Suit by William Muth, as administrator of the estate of Albert G-. Clarke, deceased, and others, against L. A. Goddard and others, to restrain defendants from selling lands described in a trust deed under the power of sale therein granted. From an order granting the injunction, defendants appeal. STATEMENT OE THE OaSE. On the tenth day of October, 1890, Albert G. Glarke, Sr., was about to leave the state of Montana, to be absent during the winter, and on that d!ay he executed to- his son, Charles A. Clarke, the…
1Opinion of the Court
MR' COMMISSIONER CALLAWAY
prepared tbe statement of tbe case and tbe opinion for tbe court.
Tbe following questions have been presented and argued by counsel: (1) Was Charles A. Clarke authorized by tbe power of attorney to execute the trust deed conveying bis principal’s individual property -to secure the notes of tbe firm-? And herein, did be have tbe authority to include in tbe trust deed a power of sale, and a provision for an attorney’s fee in case of foreclosure? (2) Can tbe power of sale be executed now that Albert G. Clarke, Sr., is dead ? We will treat these questions seriatim.
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